HomeMy WebLinkAbout03 18 2020 CMCITY OF CHUBBUCK
COUNCIL MEETING MINUTES
MARCH 18, 2020 6:00PM
LOCATED AT
CHUBBUCK CITY HALL
5160 YELLOWSTONE AVE.
CALL TO ORDER. Mayor England
PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Hernandez
INVOCATION: Mayor Kevin England
COUNCIL PRESENT: Dan Heiner, Ryan Lewis, Melanie Evans, and Roger Hernandez.
STAFF PRESENT: Mayor Kevin England, City Attorney Tom Holmes, Public Works Director
Rodney Burch, Planning and Development Director Devin Hillam, Senior Planner Don Matson,
City Planner Paul Andrus, and City Clerk Joey Bowers.
AMEND MEETING AGENDA: Mayor's Declaration of Local Disaster Emergency.
Mayor England stated that this declaration would allow the City to have access to federal
emergency funds, due to the effects of the 2019 novel coronavirus (COVID-19).
Councilmember Heiner motioned to amend the agenda to include the Mayor's Declaration of
Local Disaster Emergency. Councilmember Hernandez seconded motion for amendment.
Roll Call: Heiner -yes, Lewis -yes, Evans -yes, Hernandez -yes, motion passed.
Councilmember Evans motioned to confirm the Mayor's Declaration of Local Disaster
Emergency. Councilmember Heiner seconded motion for confirmation.
Roll Call: Heiner -yes, Hernandez -yes, Lewis -yes, Evans -yes, motion passed.
APPROVAL OF MINUTES: February 19, 2020 & March 4, 2020,
Councilmember Hernandez motioned for approval of the February 19, 2020 Council Meeting minutes.
Councilmember Heiner seconded motion for approval of minutes.
Roll Call: Lewis -yes, Evans -yes, Hernandez -yes, Heiner -yes, motion passed.
Councilmember Hernandez motioned for approval of the March 4, 2020 Study Session minutes.
Councilmember Heiner seconded motion for approval of minutes.
Roll Call: Lewis -yes, Hernandez -yes, Heiner -yes, Evans -recused, motion passed.
PROCLAMATIONS:
1. Surveyors Week
Mayor England read aloud a proclamation.
PUBLIC COMMENT:
1. An application for the De -Annexation of Fairgrounds Road from the City of Chubbuck City
Limits, and into the jurisdiction of Bannock County.
Mayor England opened the meeting for public comment, Due to no public comment Mayor
England closed the meeting for public comment.
GENERAL BUSINESS:
Adoption of Ordinance 811 De -Annexation of Fairgrounds Road.
(Council will discuss the de -annexation of Fairgrounds Road from the Chubbuck City Limits).
Public Works Director Rodney Burch stated that this de- annexation is only the west
portion of the road way and does not affect any adjoining properties. This will allow all
of Fairgrounds Road to be under one jurisdiction.
Councilmember Evans motioned for the waiver of three readings, including the reading of one
time in full for Ordinance 811.
Councilmember Hernandez seconded motion for waiver.
Roll Call: Evans -yes, Hernandez -yes, Heiner -yes, Lewis -yes, motion passed.
Councilmember Heiner motioned for adoption of Ordinance 811.
Councilmember Lewis seconded motion for adoption.
Roll Call: Hernandez -yes, Lewis -yes, Heiner -yes, Evans -yes, motion passed.
2. Approval of Northside Crossing Div. 3 Final Plat.
(Council will discuss the application and if it meets City code).
Mitch Greer from Rocky Mountain Engineering represented the applicant. Mr. Greer
presented a 24 residential lot subdivision, which will be designed as a 55 and active
community.
City Planner Paul Andrus stated that this application had been reviewed by City Staff
and appears to meet the standards of Titles 16, 17 and 18 of City Code upon approval of
requested conditions.
Councilmember Heiner motioned for approval of Northside Crossing Div. 3 final plat,
conditional upon Declaration of Covenants, Conditions and Restrictions be submitted for review,
upon acceptance of this subdivision, a guarantee will need to be provided to the City for
the future completion of the irrigation pump station and associated facilities, park impact
fees will be part of this development as described in City Code 17.28, and construction
plans/drawings to be accepted by the City Engineer,
Councilmember Evans seconded motion for approval with conditions.
Roll Call: Lewis -yes, Heiner -yes, Evans -yes, Hernandez -yes, motion passed.
Approval of Northside Crossing Div. 4 Preliminary Plat.
(Council will discuss the application and if it meets City code).
Mitch Greer from Rocky Mountain Engineering represented the applicant. Mr. Greer
presented a 30 residential lot subdivision, which will also include 1 multi -family lot and 5
common lots. Applicant Lyn Yost requested to work with City Staff on an agreement to
try and prevent three separate North/South bound paths/sidewalks along Hiline Rd.
Senior Planner Don Matson stated that this application had been reviewed by City
Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code upon
approval of requested conditions.
Councilmember Evans motioned for approval of Northside Crossing Div. 4 preliminary
plat, conditional upon the path/sidewalk inside this phase will be built unless prior
to the approval of the construction plans, an agreement can be reached between
the applicant and city staff that could ensure that the path would be built when
needed, whether through bonding, a letter of credit, or inclusion of the path into
a possible urban renewal plan, the throat length of the subdivision entrance onto Hiline
Road, lengths and widths of traffic islands, traffic tapers on Hiline Road, and bulb outs
will be evaluated during the review process of the construction plans, park impact fees
will be part of this development as described in City Code 17.28, submit for review the
Declaration of Covenants, Conditions and Restrictions prior to approval of the final plat,
in accordance with the condition of the approved preliminary plat, upon acceptance
of this subdivision, a guarantee will need to be provided to the City for the future
completion of the irrigation pump station and associated facilities, Preliminary Plat
recommendations are conditional upon City Council approval of the plat, and
construction plans/drawings to be accepted by the City Engineer.
Councilmember Hernandez seconded motion for approval with conditions.
Roll Call: Heiner -yes, Evans -yes, Hernandez -yes, Lewis -yes, motion passed.
4. Approval of ICCU Main Campus Re-Plat-Short/Final Plat.
(Council will discuss the application and if it meets City code).
Stuart Ward of Dioptra represented the applicant. Mr. Ward presented an application
to re -plat three lots that was recently accrued by the applicant to be included into the
main Idaho Central Credit Union campus.
City Planner Paul Andrus stated that this application had been reviewed by City Staff
and appears to meet the standards of Titles 16, 17 and 18 of City Code,
Councilmember Lewis motioned for approval of ICCU main campus re-plat-short/final plat.
Councilmember Heiner seconded motion for approval.
Roll Call: Evans -yes, Hernandez -yes, Lewis -yes, Heiner -yes, motion passed.
5. Approval of the Antler Ridge PUD Landscape Plan Amendment.
(Council will discuss the application and if it meets City code).
Matt Spears represented the applicant. Mr. Spears stated that the Antler Ridge PUD
was approved in 2017 and has been under development since that time. The original
amenity and landscaping plan included a playground in the retention pond near the
south entrance of the project. Because of the frequency of standing water in the
basin at certain times of year, the developers propose instead to make
improvements to the adjacent Meadow Park by constructing a new pavilion, BBQ
grill, and playground. Mr. Spears is also willing to maintain Meadow Park as part
of his development.
Senior Planner Don Matson stated that Land Use and Development Commission
recommended approval, and this application had been reviewed by City Staff and
appears to meet the standards of Titles 16, 17 and 18 of City Code. Public Works
Director Rodney Burch stated that City Staff is willing to work with legal counsel and
applicant on a maintenance agreement for Meadow Park.
Councilmember Lewis motioned for approval of Antler Ridge PUD landscape plan amendment,
conditional upon a maintenance agreement, and park improvements to be approved by City Staff.
Councilmember Hernandez seconded motion for approval with conditions.
Roll Call: Hernandez -yes, Lewis -yes, Heiner -yes, Evans -yes, motion passed.
6. Adoption of Ordinance 812 Annexation & Zone Change from Agriculture (A) to
Residential (R-2). (Council will discuss the annexation of 77.4 acres with Residential (R-2) Zoning,
and a change in land use of .2 acres from Agriculture (A) to Residential (R-2).
Mitch Greer from Rocky Mountain Engineering presented an annexation Ordinance
for 17.4 acres with Residential (R-2) Zoning, and a change in land use of .2 acres from
Agriculture (A) to Residential (R-2) that currently resides within the City limits, for a
total of 17.6 acres.
Senior Planner Don Matson stated that this application had been reviewed by City
Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code.
Councilmember Hernandez motioned for the waiver of three readings, including the reading of
one time in full for Ordinance 812.
Councilmember Evans seconded motion for waiver.
Roll Call: Lewis -yes, Heiner -yes, Evans -yes, Hernandez -yes, motion passed.
Councilmember Lewis motioned for adoption of Ordinance 812,
Councilmember Heiner seconded motion for adoption.
Roll Call: Heiner -yes, Evans -yes, Hernandez -yes, Lewis -yes, motion passed.
7. Approval of Alpine Crossing Div. IA Final Plat.
(Council will discuss the application and if it meets City code).
Mitch Greer from Rocky Mountain Engineering represented the applicant, and
presented a 20 single family residential lot subdivision.
Senior Planner Don Matson stated that this application had been reviewed by City
Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code, upon
approval of requested conditions.
Councilmember Heiner motioned for approval of Alpine Crossing Div. 1 A Final Plat,
conditional upon if an agreement cannot be reached with the Bureau of Indian Affairs over the
pump station easement, a different casement will be made available on the same lot but outside
the Redman Canal right of way, and park impact fees will be part of this development as
described in City Code 17.28,
Councilmember Hernandez seconded motion for approval with conditions.
Roll Call: Evans -yes, Hernandez -yes, Lewis -yes, Heiner -yes, motion passed.
8. Approval of Requests for Funding for FY2020.
(Council will discuss funding requests).
Councilmember Evans motioned for approval of funding requests for FY2020 for SEICCA-
meals on wheels, Family Service Alliance, and Aide for Friends as requested.
Councilmember Hernandez seconded motion for approval.
Roll Call: Hernandez -yes, Evans -yes, Heiner -yes, Lewis -yes, motion passed.
Councilmember Lewis motioned to table a funding request for Visit Pocatello.
Councilmember Hernandez seconded motion for approval.
Roll Call: Evans -yes, Heiner -yes, Lewis -yes, Hernandez -yes, motion passed.
Councilmember Heiner motioned for approval of funding request for Pocatello Free Clinic as
requested. Councilmember Hernandez seconded motion for approval.
Roll Call: Heiner -yes, Lewis -yes, Hernandez -yes, Evans -yes, motion passed.
Councilmember Hernandez stated that the Senior Center wasn't requesting double, they never
invoiced the City of Chubbuck in 2019 and are now asking for the agreed upon amount for both
2019 and 2020. Councilmember Lewis asked for the accounting departments to work this out.
Councilmember Lewis motioned to decline the requested amount of $15,000 for FY2020, but
approve $7,500 for FY2020 as Iong as an invoice is provided, and if the accounting departments
can work out the FY2019 invoicing issue to reapprove $7,500 for FY2019.
Councilmember Evans seconded motion for approval.
Roll Call: Lewis -yes, Hernandez -yes, Evans -yes, Heiner -yes, motion passed.
9. Approval of Items for Auction and Donation.
(Council will discuss City property for auction and donation).
Public Works Director Rodney Burch stated that the donation items had went out for
auction and received no bids. These items will be donated to the wellness center.
Councilmember Heiner motioned for approval of items for auction and donation.
Councilmember Hernandez seconded motion for approval.
Roll Call: Evans -yes, Heiner -yes, Lewis -yes, Hernandez -yes, motion passed.
10. Downtown Plan Update.
(City Staff will provide an update on the Downtown plan).
This business item was removed from the agenda.
11. Adoption of Ordinance 813 Amending 17.16.050 to Allow Building Construction to
Occur Simultaneously with Subdivision Construction.
(Council will discuss amending 17.16.050 of city code).
Public Works Director Rodney Burch presented a change to 17.16.050, this change
would allow home/business construction to occur simultaneously with subdivision
construction.
Councilmember Evans motioned for the waiver of three readings, including the reading of one
time in full for Ordinance 813.
Councilmember Hernandez seconded motion for waiver.
Roll Call: Heiner -yes, Lewis -yes, Hernandez -yes, Evans -yes, motion passed.
Councihnember Evans motioned for adoption of Ordinance 813.
Councilmember Hernandez seconded motion for adoption.
Roll Call: Lewis -yes, Hernandez -yes, Evans -yes, Heiner -yes, motion passed.
12. Approval of First Amendment and Restated Development Agreement- Pine Ridge Mall.
(Council will review and discuss proposed amendment to development agreement).
Public Works Director Rodney Burch presented that the Pine Ridge Mall would like to
amend its current development agreement to allow them to pursue the sale of revenue
bonds as an option for repayment. This amendment must be approved by both the
Chubbuck Development Authority (CDA) and the City Council. The CDA approved this
amendment at their March 17, 2020 meeting.
Rob Kingsbury and Rich Wood via Teleconference represented the Pine Ridge Mall,
Mr. Kingsbury stated that the Pine Ridge Mall is hoping to free up additional capital
resources to invest into the mall. Through the issuing of revenue bonds and adding more
tenants and users to the property.
Christian Anderson via Teleconference represented Zion's Public Finance. Mr.
Anderson, Municipal Advisor to the CDA and the City. Zion's Public Finance represents
the Development Authority's financial interest, to make sure that whatever is agreed to is
appropriate and will take all risk off of the CDA. Mr. Anderson stated that the CDA will
remain whole and all risks will be placed on the investors that will purchase these bonds.
Councilmember Lewis asked to remove the City from paragraph 2.2, because the
CDA would be issuing these bonds and not the City. Both Mr. Kingsbury and Mr. Wood
agreed to this correction.
Councilmember Lewis motioned for approval of the First Amendment and Restated
Development Agreement with the Pine Ridge Mall, with the modification to 2.2 to remove
"the City or the" in line one of that paragraph.
Councilmember Hernandez seconded motion for approval, with modification.
Roll Call: Hernandez -yes, Evans -yes, Heiner -yes, Lewis -yes, motion passed.
CLAIMS:
City of Chubbuck claims for March 4, 2020 as presented to Mayor England and
Council.
Councilmember Heiner motioned to approve the City of Chubbuck Claims as presented.
Councilmember Evans seconded motion for approval.
Roll Call: Lewis -yes, Heiner -yes, Evans -yes, Hernandez -yes, motion passed.
2. City of Chubbuck claims for March 18, 2020 as presented to Mayor England and
Council.
Councilmember Heiner motioned to approve the City of Chubbuck Claims as presented.
Councilmember Evans seconded motion for approval.
Roll Call: Lewis -yes, Heiner -yes, Evans -yes, Hernandez -yes, motion passed.
GENERAL ANNouNCEMENTS: Envisio Public Portal
Mayor England stated that due to the occurrence and imminent threat to public health and
safety arising from the effects of the 2019 novel coronavirus (COVID-19). All City Council,
Chubbuck Development Authority, and Land Use and Development Meetings will temporally be
conducted via Zoom Teleconferencing.
ADJOURN: Mayor Kevin England adjourned at 7:59.
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Kevin England -S4, yor
4A 22004505
MAYOR'S DECLARATION OF LOCAL DISASTER EMERGENCY
WHEREAS, Idaho Code § 46-1011 allows the Mayor of a city to declare a local
disaster emergency; and
WHEREAS, Idaho Code § 46-1002(2) defines "disaster" as the "imminent threat
of widespread or severe damage, injury, or loss of life or property resulting from any
natural or manmade cause, including but not limited to fire, flood, earthquake, windstorm,
wave action, volcanic activity, explosion, riot, or hostile military or paramilitary action and
including acts of terrorism;" and
WHEREAS, the imminent threat of widespread and severe harm to the health of
residents and visitors to the City of Chubbuck as addressed by the Centers for Disease
Control and by actions of the Governor of the state of Idaho constitutes a "disaster"; and
WHEREAS, a declaration activates the response and recovery aspects of
applicable local or intergovernmental disaster emergency plans for the furnishing of aid
and assistance; and
WHEREAS, Idaho Code § 46-1002(3) provides that an "emergency" includes the
imminent threat to life or property which requires state emergency assistance to
supplement local efforts to protect well-being or property or to avert or lessen the threat
of "disaster;" and
WHEREAS, the emergency referenced herein exists because the contagious
nature and potentially serious consequences of the COVID-19 virus for residents and
visitors to the City of Chubbuck and requires state emergency assistance to supplement
local efforts to protect life, health and property; and
WHEREAS, Idaho Code § 67-2808 authorizes the Council of the City of Chubbuck
to declare an emergency and that the public interest and necessity may demand the
immediate expenditure of public money without compliance with formal bidding
procedures; and
WHEREAS, an emergency declaration must be filed with the county recorder's
office and "given prompt and general publicity."
NOW THEREFORE, 1, Kevin B. England, the Mayor of the City of Chubbu do
hereby declare:
That a Local Disaster Emergency exists and that all efforts.will e M80AP3 of t
the citizens and property of the City of Chubbuck through activat n i ass r
emergency lans and state emergency assistance; and»
That this Local Disaster Emergency shall expire within seven (7)'c' Orsi ss the
City Council expressly authorizes the continuance of such Declaration; and
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That this Declaration of Local Disaster Emergency ("Declaration") shall be
promptly filed with the Bannock County Recorder's Office; and
That prompt and general publicity shall be given by a press release notifying the
public of this Declaration.
Declared this i`�' day of March, 2020.
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Kevin B. England, Mayor
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ATTEST:
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Jo y Bowers, City Clerk 2 2 y S 2020 MAR 19 A 9, 31
Confirmed by the City Council of the City of on the I 'day of o--( C
2020.
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Joe x ers, City Clerk
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